Section 79 Bharatiya Sakshya Adhiniyam, 2023: Presumption as to documents produced as record of evidence, etc

Section 79 of Bharatiya Sakshya Adhiniyam, 2023: Presumption as to documents produced as record of evidence, etc

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume that—

(i) the document is genuine;

(ii) any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true; and

(iii) such evidence, statement or confession was duly taken.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Document Sec 2(1)(b) Evidence Sec 2(1)(c) Fact Sec 2(1)(d)

Legal Commentary & Landmark Judgments: Section 79

Section 79 provides for the mandatory presumption that documents produced as records of evidence (such as judicial depositions, confessions recorded by Magistrates, or commission statements) were duly taken and genuine.

Judicial Record Sanctity: Applies to depositions taken in court and confessions recorded by Magistrates under Section 183 BNSS (former 164 CrPC).
Mandatory Presumptions: The court shall presume: (1) that the document is genuine, (2) that statements as to circumstances under which it was taken are true, and (3) that evidence was duly taken.
Protection of Judicial Integrity: Prevents calling presiding judges or magistrates as witnesses to prove what was recorded in their official proceedings.

Key Landmark Precedents:

Kashmira Singh v. State of M.P. (AIR 1952 SC 159): The Supreme Court held that a confession recorded by a Magistrate with the requisite statutory certificate under Section 164 CrPC carries a presumption of due compliance under Section 80 IEA (Section 79 BSA).
Ramkishan Mithanlal Sharma v. State of Bombay (AIR 1955 SC 104): Affirmed that judicial depositions recorded under oath are presumed to be accurate records of the testimony given by the witness.

Courtroom Practice & Strategic Litigation Guidance:

When introducing a Magistrate-recorded confession under Section 183 BNSS, tender the original record containing the magistrate's memorandum. The court is mandated by Section 79 to presume that the confession was duly recorded without summoning the Magistrate.